Non-Immigrant Visas (other than Es, Ls and H-1B)

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** As of March 25, 2020, USCIS has updated its temporary closures described below and has extended the suspension of in-person services to April 7, 2020. **

In an effort to slow the spread of COVID-19, USCIS announced temporary office closures effective March 18, 2020.  USCIS is suspending all in-person services at its field offices,…

By Catherine V. Wadhwani and Robert S. Whitehill

Without fanfare, U.S. Citizenship and Immigration Services (USCIS) recently updated its website with an Alert https://www.uscis.gov/greencard/public-charge relating to its Public Charge requirements in the context of the Novel Corona Virus Disease (COVID-19) pandemic.  As concerns about the spread of COVID-19 in the U.S. increase, USCIS recognized that …

The recent wave of public and private university and college closings due to the COVID-19 (Coronavirus) is only going to increase throughout the United States.    Many colleges and universities have already moved to remote instruction with all classes online.   The cancellation of all remaining spring and winter sports championships by the NCAA is further evidence…

A recent federal district court decision from the Middle District of North Carolina has blocked the U.S. Department of Homeland Security from enforcing its 2018 Memorandum on F, J, and M Nonimmigrant Unlawful Presence nationwide. In Guilford College et al. v. Chad Wolf, U.S. Department of Homeland Security et al., Federal District Judge, Loretta…

From the Public Engagement Division of USCIS:  U.S. Citizenship and Immigration Services announced on 12/6/19 the requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10 H-1B registration fee before filing a petition for the fiscal year 2021 H-1B…

On November 14, 2019, the Department of Homeland Security published a notice of proposed rulemaking in the Federal Register to adjust the U.S. Citizenship and Immigration Services (USCIS) Immigration Examinations Fee Account (IEFA) fee schedule.  The public comment period is open until December 16, 2019.

Unlike most government agencies, USCIS is fee-funded.  According to the…

The Department of Homeland Security and Department of Labor jointly announced the addition of 30,000 H-2B temporary worker visas for fiscal year 2019.  These additional visas are available only to returning workers who received an H-2B visa or were granted H-2B status in the past three fiscal years.  The returning worker visas will prioritize those…

The U.S. Citizenship and Immigration Services (USCIS) announced that the filing fee for premium processing will increase from $1,225 to $1,410, beginning on October 1, 2018.  According to USCIS, this 15% increase in price is in step with inflation since DHS last adjusted premium processing rates in 2010 and will allow USCIS to more effectively…

On May 21, 2018, I posted a blog regarding the then Proposed USCIS Policy Change for F, J, and M Nonimmigrants and Unlawful Presence implications.  On August 9, 2018, USCIS issued a revised final policy memorandum, effective that day.  USCIS made changes to its proposed policy after considering feedback the agency received during the…

What’s a “Notice to Appear” (NTA)?  How about “unlawful presence”?  Phrases such as these may be a new for many following business/employment based immigration matters.  Because of new USCIS Policy memoranda, these removal terms are now added to our business immigration lexicon and concern.

 NTA is the charging document issued by an authorized agent of …